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No More Equality Under the Law, the End of Isonomy in USAmerica

by gmoke Tue Apr 22nd, 2025 at 07:48:09 PM EST

Reading Hannah Arendt's On Revolution I learned a new word:  isonomy - the principle that all citizens or subjects of a state are equal before the law, or that they have equal civil or political rights.  

She wrote:
"The polis was supposed to be an isonomy, not a democracy... The equality of the Greek polis, its isonomy, was an attribute of the polis and not of men, who received their equality by virtue of citizenship, not by virtue of birth...." and that
"Freedom in a positive sense is possible only among equals, and equality itself is by no means a universally valid principle but, again, applicable only with limitations and even within spatial limits...."

Arendt believed that one of the most serious problems of all modern politics is "not how to reconcile freedom and equality but how to reconcile equality and authority."  It looks like we are living through the end-game of that particular problem now.

"The singular good fortune of the American Revolution is undeniable.  It occurred in a country which knew nothing of the predicament of mass poverty and among a people who had a widespread experience with self-government;  to be sure, not the least of these blessings was that the Revolution grew out of a conflict with a 'limited monarchy.'  In the government of king and Parliament from which the colonies broke away, there was no potestas legibus soluta, no absolute power absolved from laws."

However, since the Supreme Court granted immunity to the [Republican] Presidency, that power is "absolved from laws."  In addition, since the Judicial Council refused its responsibilities to investigate Clarence Thomas' congenital inability to fill out financial disclosure forms correctly, they have made the Supreme Court itself at least de facto "absolved from laws" as well.

So no longer live in an isonomy, aspiring rather than actual as it always may have been.  I'm not entirely sure we live in a democracy or even a republic any longer as well.

My full notes from On Revolution are available at http://hubeventsnotes.blogspot.com/2025/04/notes-on-hannah-arendts-on-revolution.html


There is a lot more there including Arendt's examination of ad hoc councils such as sprang up during the 1956 Hungarian Revolution, or Jefferson's "ward system" and the original Soviets, as an alternative to party politics, an extremely useful concept it seems to me especially as times become more perilous due to the confluence of all the different present crises and the need for mutual aid multiplies.

Thinking about her work, I wish that she had expanded beyond the USAmerican and French Revolutions to include the Haitian Revolution as well which was roughly contemporaneous and had a completely different outcome from either of those two events but then she would have had to wrestle with racism and slavery which might have stretched her much too thin.

Poll
More equality under the law, isonomy?
. yes 100%
. no 0%
. not yes 0%
. not no 0%
. neither yes nor no 0%
. both yes and no 0%
. don't understand the question? 0%
. none of the above 0%

Votes: 1
Results | Other Polls
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Isonomy sounds like a useful concept, and though we have never had full isonomy it sure is heading in the wrong direction.

I have been toying of a model societies which essentially divides the population into three groups, those above the law, those below the law and a middle group.

Those above the law are simply those that can do actions with ounishment that would be punished if done by others.

Those below the law are those that easily gets punished even if they haven't done anything.

The middle group mostly has interactions were the law adjucicates disputes in between the middle group.

My general thrust is that these groups exists within at least all socities ruled by a states, but they can be smaller or larger. In the western post-war order the middle group was particularly large, encompassing most of the working class, the middle class and the lower upper class (owners of capital who doesn't wield power), but you also had an underclass that the police kept in line and an ruling segment of the upperclass that as long as they did their crimes through the system could and did get away with most things (as long as they didn't atttack fellow members of the ruling segment).

Those living under the law knows that the police are there to enact violence upon them and must be treated accordingly. You don't call the cops even if you have a conflict within your own segment because chances are that you will have violence enacted upon you.

Among the middle group there are isonomy in regards to the law,as long as conflicts are among themselves. (In conflicts between the middle group and those that are below the law the middle group wins as a rule, because the law is there to punish those below.) This creates an expectation that the law upholds justice etc and creates a willing target audience for copaganda and legal shows.

There is however not isonomy in conflicts between members of the middle group and members of the ruling elite, or the state itself. The state includes most prominently the police force, the actions of which are generally excused as long as it is in service of upholding the state through controlling the population (any sufficiently large demonstration is a threat against control no matter how peaveful) and some excuse can be invented (I have used the term "unreasonable doubt" to describe the contortions courts can twist themselves into to avoid the obvious conclusion that police broke the law).

I think a useful illustration of why these groups are not simply class based is the recent murder of Brian Thompson. Brian Thompson, as a ceo of a large company was a member in the ruling elite. His murder was therefore not just any murder, but a threat to the order of the US society. Somebody had to get punished before people start thinking that they could get away with killing a ceo and strating to figure out what the rulers are always acutly aware of: there are few of them and lots of us.

Luigi Mangione, the man who currently getting framed for the murder, is a member of the lower upper class, if you will. He comes from a real estate family, he has an ivy league education, but he is not a power player. I think the picked him on accident, they put up a massive reward and a McDonald's worker called it in in hopes of collecting (but got stiffed if I remember correctly) and then proceeded to first search his backpack without a warrant, then transporting it to the station, turning of body cameras for twelve minutes and then turing on the cameras and re-searching it and finding a murder weapon, a manifesto etc. But though picked on accident membership of the upper class has so far not protected him. Everything isn't said and done and he can afford really good lawyers who hopefully manages to punch out every excuse to sentence him, but the treatment so far (perp walk etc) is indicative of how a threat to the system is treated. Contrast with the kid gloves used on Trump or Clinton.

This is getting a bit rambling, but to conlude, I think   the amount of the population living in isonomy at least in relation to each other might be a useful measurement of equality, but in states there are always above and below too. And of course we are all moving in the wrong direction.

by fjallstrom on Fri May 9th, 2025 at 01:25:53 PM EST
Your tripartite idea is the operative reality, sad to say, probably in most countries and jurisdictions.

"For my friends everything, for my enemies the law" was said by Oscar R. Benavides, President of Peru from 1933 to 1939, and I've been seeing it referenced quite a few times since the original ascension of Trmp.  That also seems to be a reality in too many jurisdictions and countries.  

Thanks for reading and commenting.


Solar IS Civil Defense

by gmoke on Fri May 9th, 2025 at 10:51:07 PM EST
[ Parent ]
As the middle class dies, the group with lateral isonomy shrinks, and with it the population with a stake in the legal status quo.  The Ueberklass is in a race against time, trying to reduce somewhere north of 50% of the population to serfdom before everyone takes to the streets and breaks out the Mussolini meathooks.
by rifek on Mon May 12th, 2025 at 04:04:56 AM EST
[ Parent ]
One of the major problems in USAmerica is that too many people think of themselves as "temporarily embarrassed millionaires" since the American Dream became winning the lottery.  Voters with little money are convinced to identify with the filthy rich and thus manipulated into political, social, and economic irrelevance.

Solar IS Civil Defense
by gmoke on Mon May 12th, 2025 at 07:13:21 PM EST
[ Parent ]
Tell me about it.  No one wants to admit they're far closer to that homeless guy on the corner than they are to any millionaire.  Between rags-to-riches delusions and the "my ignorance is just as good as your knowledge" attitude that has prevailed since the Jacksonian Revolution, this country has been on a collision course with reality for two centuries.
by rifek on Tue May 13th, 2025 at 04:53:20 AM EST
[ Parent ]


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